Category Archives: Patents

PTAB Upholds Alcon Patent For Glaucoma Treatment

As reported by Law360 at URL: https://www.law360.com/ip/articles/1085124/ptab-upholds-alcon-patent-for-glaucoma-treatment

The Final Written Decision itself is included below, and can be downloaded by clicking this link:

Argentum-v-Alcon-FWD-IPR2017-01053

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=08268299.

PTAB Upholds Alcon Patent For Glaucoma Treatment

Law360 (September 21, 2018, 8:52 PM EDT) — The Patent Trial and Appeal Board on Thursday upheld the validity of an Alcon patent covering the glaucoma treatment Travatan Z, rejecting arguments by generics maker Argentum that the invention was obvious.

The board held that Argentum Pharmaceuticals LLC failed to establish that a combination of publications and patents that preceded Alcon Research Ltd.’s patent would have made the challenged patent claims obvious for an ordinarily skilled artisan, according to the final written decision. Continue reading

Ivantis Fires Back: It Petitions for Invalidation of the Glaukos iStent® Patent

Last month, it was reported that Glaukos filed a lawsuit against Ivantis, alleging that the Ivantis Hydrus Microstent device infringes on patents held by Glaukos covering its iStent® devices. See “Glaukos Sues Ivantis over patents on iStent® Devices”.

Ivantis has now launched a response: In a filing on May 23, 2018, Ivantis has petitioned the USPTO to invalidate one of the two patents asserted by Glaukos in its lawsuit. Continue reading

Glaukos Sues Ivantis over patents on iStent® Devices

April 17, 2018: Glaukos Corporation of San Clemente, CA, has filed a patent infringement lawsuit against Ivantis, Inc. of Irvine, CA. The lawsuit was filed April 14, 2018.

The patents involved are:
U.S. Patent No. 6,626,858 (Lynch et al.), “Shunt Device and Method For Treating Glaucoma”
U.S. Patent No. 9,827,143 (Lynch et al.), “Shunt Device and Method For Treating Ocular Disorders”

In its Complaint, Glaukos alleges that the Ivantis Hydrus Microstent device infringes on patents held by Glaukos covering its iStent® devices.
Continue reading

Assignments: Get the full text of the Agreement

At one time, the public record easily accessible from the PTO gave only the barest abstract of title. Assignor, Assignee, date of recordation, reel and frame numbers: that was it.

It was possble to visit the PTO and obtain a copy of the Assignment document, as recorded on microfilm, but the process was cumbersome and time-consuming.

No more. A few years ago, the PTO made it easy to obtain a copy of the actual Assignment document. Continue reading

Imprimis Pharmaceuticals: Application published: “Epinephrine-Based Ophthalmic Compositions for Intraocular Administration and Methods for Fabricating Thereof”

March 1, 2018: The USPTO today published a patent application filed by Imprimis Pharmaceuticals of San Diego, CA: U.S. Application Publication No. 2018/0055790, “Epinephrine-Based Ophthalmic Compositions for Intraocular Administration and Methods for Fabricating Thereof”.

According to the published abstract:

Pharmaceutical compositions for intraocular injection are described, the compositions comprise therapeutically effective quantity of lyophilized preservative-free and sulfite-free epinephrine or adrenaline and a metal chelator. Methods for fabricating the compositions and using them for intraocular injections are also described.

Published Claim 1 recites:

1. A method for preparing a pharmaceutical composition, the method comprising:
(a) preparing an aqueous composition consisting of:
(a1) a therapeutically effective quantity of at least one compound selected from the group consisting of epinephrine, phenylephrine, EPI-Shugarcaine and tropicamide;
(a2) at least one metal chelator;
(a3) optionally, at least one anesthetic;
(a4) optionally, at least one non-steroid anti-inflammatory drug; and
(a5) a quantity of sterile water, wherein the composition is optionally free of sulfites and is free of preservatives; and
(b) lyophilizing the aqueous composition, to obtain thereby the lyophilized pharmaceutical composition.

The published application can be viewed at the USPTO website at http://pdfaiw.uspto.gov/.aiw?Docid=20180055790.

Note: A published application is not an issued patent. The USPTO automatically publishes most applications 18 months after filing, and the publication is simply a copy of the as-filed application, without examination.

Your Application Went Abandoned: Now What?

Abandonment of a patent application is sometimes deliberate. Maybe the prior art is too good, maybe the available scope of protection isn’t commercially important.

But sometimes abandonment is unintentional. Maybe you instructed your attorney to abandon the wrong case, based on a mistaken idea of which case should be abandoned.

Most commonly, maybe you simply missed a deadline.

There is a universe of reasons for abandonments that fall under the umbrella of “unintentional abandonment”. What to do if your case is one of them? How do you revive an application abandoned unintentionally, and convert it to a live application? Continue reading

Abbott Medical Optics obtains patent: “IOL insertion apparatus”

January 9, 2018: Abbott Medical Optics Inc. of Santa Ana, CA, obtained U.S. Patent No. 9,861,470, “IOL insertion apparatus”.

According to the abstract of the patent:

An IOL inserter for delivering an intraocular lens (IOL) into the eye of a subject, has a handpiece with a generally tubular barrel, a nosepiece coupled to the distal end of the handpiece; and a plunger having a spiral groove. The plunger translates longitudinally within the barrel and passes through a piston with an O-ring that frictionally engages an inner surface of the barrel. The spiral groove interacts with a pin or tooth in the bore of the piston. The plunger may have a drive cap and a cover fixed on the proximal end of the drive cap. The distal end of the plunger may engage having an enlarged head that receives the distal end of the plunger. The distal end of the pushrod may have a bifurcated tip capable of contacting and urging an IOL from the inserter during the implant procedure.

Claim 1 of the issued patent recites:

1. An IOL inserter for delivering an intraocular lens (IOL) into an eye of a subject, comprised of:
a handpiece comprised of a generally tubular barrel with a proximal end and a distal end;
wherein the distal end of the tubular barrel includes a pair of bifurcated brackets for retaining a rotatory nosepiece having an insertion tube defining a throughbore along a nosepiece axis, the nosepiece having an outwardly-projecting pair of pivot shafts defining a pivot axis perpendicular to the nosepiece axis, the bifurcated brackets each defining a slot parallel to the nosepiece axis and having opposite ends sized to retain one of the pivot shafts therein so as to lock the nosepiece in one of two bistable longitudinal positions–a proximal dock position and a distal IOL delivery position;
wherein the nosepiece is coupled to the distal end of the handpiece by reception of the pivot shafts into the slots in the bifurcated brackets and may rotate within the slot about the pivot shafts, and wherein in the dock position the insertion tube extends in a proximal direction into a dock in the handpiece that prevents rotation of the nosepiece; and
a plunger comprised of a spiral groove, wherein the plunger translates longitudinally within the barrel, and wherein the plunger passes through a piston with an O-ring that frictionally engages an inner surface of the barrel, wherein the spiral groove interacts with a pin or tooth in a bore of the piston.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861470.

Alcon Research obtains patent: “Phacoemulsification hand piece with integrated aspiration pump”

January 9, 2018: Alcon Research, Ltd. of Forth Worth, TX, obtained U.S. Patent No. 9,861,522, “Phacoemulsification hand piece with integrated aspiration pump”.

According to the abstract of the patent:

An ophthalmic surgical hand piece comprises a driver coupled to a horn. The horn is coupled to a needle. An aspiration pump is integral with the hand piece and is located close to the needle. A rigid length of aspiration line is located between the aspiration pump and the needle. An optional pressure sensor is located between the aspiration pump and the needle as well.

Claim 1 of the issued patent recites:
1. An ophthalmic surgical hand piece comprising:
a driver coupled to a horn, the horn coupled to a needle;
an aspiration pump integral with the hand piece, the aspiration pump located close to the needle, the aspiration pump comprising:
a motor; and
a shaft having a spiral structure coupled to the motor;
a rigid length of aspiration line located between the aspiration pump and the needle, and
a removable cartridge, the removable cartridge comprising:
a flexible tubing pressed against the spiral structure operable to cause movement of fluid within the flexible tubing as the shaft is rotated by the motor; and
a securing mechanism operable to secure the removable cartridge to a remainder of the hand piece.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861522.

AMO Development obtains patent: “Robust laser cutting methods for ophthalmic surgery”

January 9, 2018: AMO Development, LLC of Santa Ana, CA, obtained U.S. Patent No. 9,861,527, “Robust laser cutting methods for ophthalmic surgery”.

According to the abstract of the patent:

A method and apparatus for performing ophthalmic laser surgery using a pulsed laser beam is provided. The method includes establishing an initial cutting pattern comprising a plurality of original photodisruption points, establishing an enhanced cutting pattern comprising a plurality of enhanced photodisruption points selected to decrease potential adverse effects due to patient movement and having increased density over a fixed area as compared with the plurality of original photodisruption points, and performing an ocular surgical procedure according to the enhanced cutting pattern. Enhanced cutting patterns may include circular cuts around the periphery of a capsule, vertical side cuts for lens fragmentation, raster lamellar cuts, and grid lamellar cuts. Each photodisruption point in the initial cutting pattern and the enhanced cutting pattern comprises a laser target point.

Claim 1 of the issued patent recites:

1. An apparatus for performing an ocular laser surgical procedure, comprising:
a laser configured to emit a beam;
optical elements configured to focus the beam emitted by the laser at a desired focus position on an eye of a patient; and
a controller configured to control the laser and the optical elements, wherein the controller is configured to use a cutting pattern to control the laser and the optical elements to scan the focus position in an oscillating manner along an axial direction of the eye and to simultaneously move the focus position around a periphery of a capsule of the eye, the cutting pattern comprising a plurality of photodisruption points forming a generally circular cut with a sine wave shape in a side view around the periphery of the capsule of the eye;
wherein each photodisruption point in the cutting pattern comprises a laser target point.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861527.

Allergan obtains patent: “Biodegradable alpha-2 agonist polymeric implants and therapeutic uses thereof”

January 9, 2018: Allergan, Inc. of Irvine, CA, obtained U.S. Patent No. 9,861,576, “Biodegradable alpha-2 agonist polymeric implants and therapeutic uses thereof”.

According to the abstract of the patent:

Biocompatible intraocular implants include an alpha-2 adrenergic receptor agonist and a polymer associated with the alpha-2 adrenergic receptor agonist to facilitate release of the alpha-2 adrenergic receptor agonist into an eye for an extended period of time. The alpha-2 adrenergic receptor agonist may be associated with a biodegradable polymer matrix, such as a matrix of a two biodegradable polymers. The implants can be placed in an eye to treat one or more ocular conditions, such as an ocular vasculopathy or glaucoma, including reduction of an elevated intraocular pressure.

Claim 1 of the issued patent recites:

1. A method for treating macular degeneration comprising the step of intraocular administration of a biodegradable intraocular implant comprising:
(a) about 50 weight percent brimonidine, and;
(b) a biodegradable polymer which is a mixture of;
(i) an acid end capped polymer (D,L-lactide) polymer, and
(ii) a poly (D,L-lactide-co-glycolide) polymer.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09861576.